The High Court of Punjab and Haryana dismissed a review application filed by an insurance company. The applicant failed to demonstrate any error apparent on the face of the record in the earlier order, suggesting the new ground regarding claim amount was not raised previously.
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RA-CW-316-2021�(O&M)
1�
���������������IN�THE�HIGH�COURT�OF�PUNJAB�AND�HARYANA�AT� CHANDIGARH
������������RA-CW-316-2021�(O&M)�in�� �����������������CWP-12478-2021 ����Date�of�Decision:�10.10.2022
Star�Health�and�Allied�Insurance�Company�Ltd. Versus
......�Applicant(s)
Permanent�Lok�Adalat�and�another�
��������� ....�Respondent(s)
CORAM:-���HON'BLE�MRS.�JUSTICE�LISA�GILL�
Present: Mr. Neeraj Khanna, Advocate for the applicant-petitioner.
LISA�GILL,�J.
Applicant-petitioner seeks review of order dated 13.07.2021 vide which writ petition (CWP-12478-2021) filed by the petitioner was dismissed.
Applicant-petitioner, Star Health and Allied Insurance Company Limited filed the abovesaid writ petition for quashing of award dated 24.03.2021, passed by the learned Permanent Lok Adalat, Kurukshetra, whereby it was directed to pay the requisite amount of Rs.6,75,000/- to respondent no.2 on account of Mediclaim Policy with interest at the rate 6% per annum.
Perusal of order dated 13.07.2021 reveals that all the grounds as raised in the writ petition were duly dealt with and the writ petition dismissed by passing a speaking order. At this stage, it is relevant to note that CWP-172622021 was subsequently filed by the applicant-petitioner yet again seeking quashing of order dated 24.03.2021, passed by the learned Permanent Lok Adalat, Kurukshetra, on the premise that the grounds raised in the said writ petition were not raised in the earlier writ petition i.e. the present one. CWP17262-2021 was dismissed as withdrawn by the applicant on 16.09.2021 with
SUNIL 2022.10.14 16:56 I attest to the accuracy and integrity of this document
RA-CW-316-2021�(O&M)
2�
liberty to avail the remedy/remedies, if any, as may be available to it after an observation from the Court that multiple writ petitions cannot be filed again and again for impugining the same award taking up separate grounds, specifically with reference to Order 2 Rule 2 CPC. Thereafter, the present review application has been filed on the ground that the claim raised by the respondentclaimant was for a sum of Rs.1,00,000/- only, therefore, the direction to pay Rs.6,75,000/- along with 6% interest was not justified.
Heard learned counsel for the applicant and went through the file with his able assistance.
Learned counsel for the applicant is unable to deny that this ground which is sought to be raised, does not form a part of the writ petition filed by the petitioner and decided vide order dated 13.07.2021. A separate and different ground is sought to be raised by way of this review application. It is clear that there is no error apparent on the face of the record in so far as order dated 13.07.2021. There is nothing to indicate that the ground sought to be raised was not within the knowledge of the applicant at the time of filing of CWP-124782021 or that it could not be brought to the notice of the Court despite exercise of due diligence.
Learned counsel for the applicant is unable to point out any ground whatsoever, which calls for review of order dated 13.07.2021.
Application is accordingly dismissed.
(LISA GILL) JUDGE
10.10.2022
Sunil
Whether�speaking/reasoned:�Yes/No�� Whether�reportable:�Yes/No �
SUNIL 2022.10.14 16:56 I attest to the accuracy and integrity of this document
1 issue framed by the court
Whether a new ground regarding quantum of claim raised via review application constitutes error apparent on the face of the record warranting review of a dismissed writ petition.
Star Health and Allied Insurance Company Ltd.
Permanent Lok Adalat and another
Lisa Gill
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
